CRF Payments to ANCs and Their Shareholders Are Not Taxable On January 21, 2022, the Department of the Treasury held a consultation with Alaska Native Corporations on the federal income tax consequences of Coronavirus Relief...more
Oral Argument Scheduled for April 8 on Federal Contractor Vaccine Mandate Injunction -
Oral argument on the United States’ appeal of the nationwide injunction against President Biden’s federal contractor vaccine mandate is...more
3/25/2022
/ Appeals ,
Biden Administration ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Employer Mandates ,
Federal Contractors ,
Georgia ,
Injunctions ,
Oral Argument ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations
On December 23, 2021, the Office of Hearings and Appeals (OHA) of the federal government’s Small Business Administration (SBA) issued a decision in the size appeal of Odyssey Sys. Consulting Grp., SBA No. SIZ-6135 (Dec. 23,...more
On February 28, 2022, the U.S. Department of Treasury issued revised and updated Compliance and Reporting Guidance for the American Rescue Act of 2021’s Coronavirus State and Local Fiscal Recovery Fund. The new Compliance and...more
The Small Business Administration, which is a U.S. government agency that supports small businesses and entrepreneurs, requires that participants in its programs meet the size standard SBA has adopted for the business’s...more
Updated February 24, 2022 -
Update: On January 27, 2022, the Small Business Administration (“SBA”) issued SBA Procedural Notice 5000-82766, SBA Loan Reviews of Paycheck Protection Program Lender Partial Approval...more
Update: On January 27, 2022, the Small Business Administration (“SBA”) issued SBA Procedural Notice 5000-82766, SBA Loan Reviews of Paycheck Protection Program Lender Partial Approval Forgiveness Decisions (“2022 Notice”)...more
The Infrastructure Investment and Jobs Act from the U.S. Congress, signed into law November 15 by President Biden, provides $1.2 trillion to rebuild roads and bridges, water infrastructure, resilience, and internet, with a...more
2/16/2022
/ Biden Administration ,
Bridges ,
Broadband ,
Energy Projects ,
Energy Sector ,
Highways ,
Infrastructure ,
Infrastructure Financing ,
Infrastructure Investment and Jobs Act (IIJA) ,
Roads ,
Transportation Industry ,
Utilities Sector ,
Water
Implementation of the federal contractor vaccine mandate remains subject to a nationwide injunction issued by the U.S. District Court for the Southern District of Georgia. The federal government has appealed this injunction...more
On January 28, 2022, the Small Business Administration announced that it had issued its Tribal Consultation Policy of 2022. In this policy, SBA stated that “it is the policy of the U.S. Small Business Administration (SBA or...more
The Coronavirus Aid, Relief, and Economic Security (CARES) Act assigned the U.S. Department of Treasury Office of Inspector General (OIG) responsibility for compliance monitoring and oversight of the receipt, disbursement,...more
On Thursday, January 13, 2022, the U.S. Supreme Court issued a stay pausing implementation of the Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS), finding that the challengers to the...more
1/20/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Employer Mandates ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On January 6, 2022, the U.S. Department of the Treasury issued a final rule on the use of Coronavirus State & Local Fiscal Recovery Funds (SLFRF) provided to state, local, and tribal governments pursuant to the American...more
On Thursday, January 13, 2022, the U.S. Supreme Court issued a stay pausing implementation of the Occupational Safety and Health Administration Emergency Temporary Standard, finding that the challengers to the ETS are likely...more
1/17/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
While the U.S. Supreme Court continues to deliberate over whether the Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) is a valid exercise of OSHA’s regulatory authority, OSHA has...more
This is a reminder that as of January 6, 2022, the Small Business Administration is requiring all small businesses to use a five-year period of measurement in determining their size under a revenue-based size standard.
On...more
There are several upcoming events and deadlines that are relevant to the Occupational Safety and Health Administration’s (“OSHA”) “large employer” emergency temporary standard (the “ETS”), which require businesses with 100 or...more
1/6/2022
/ Biden Administration ,
Coronavirus/COVID-19 ,
Deadlines ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Multidistrict Litigation ,
OSHA ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Although the deadline for “incurring” CARES Act funds has passed, Alaska Native Corporations can still use CARES Act funds to pay for administrative and compliance related expenditures in 2022, including staff time spent...more
On December 7, 2021, in Georgia v. Biden, No. 1:21-cv-163, a federal judge in the United States District Court for the Southern District of Georgia issued a preliminary injunction barring enforcement of President Joe Biden’s...more
12/22/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Injunctions ,
Multidistrict Litigation ,
Popular ,
State and Local Government ,
Stays ,
Subcontractors ,
Vaccinations
In November 2021, OSHA issued an Emergency Temporary Standard that applied to employers with 100 or more employees (the “ETS”). The ETS required those employers to either adopt a policy requiring their employees to be...more
12/21/2021
/ Compliance ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
New Rules ,
OSHA ,
State and Local Government ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 14, 2021, Treasury issued an important update to its guidance on use of CARES Act funds. Currently, there is a deadline of December 31, 2021 to spend CARES Act funds on eligible expenses. While Congress is...more
On December 9, 2021, the Safer Federal Workforce Task Force issued a new statement regarding the court orders enjoining implementation of the federal contractor vaccine mandate. The Task Force statement is as...more
12/13/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Injunctions ,
Multidistrict Litigation ,
State and Local Government ,
Subcontractors ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Wednesday, December 8, 2021, the House of Representatives passed H.R. 5119. This bill extends the deadline for Tribal governments (which includes Alaska Native Corporations (“ANCs”)), to use CARES Act funds from December...more
On Tuesday, December 7, 2021, in The State of Georgia, et. al. v. Biden, et. al., Case No. 1:21-cv-163, a federal district court judge in the United States District Court for the Southern District of Georgia issued a...more
12/8/2021
/ Appeals ,
Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Injunctions ,
Multidistrict Litigation ,
OSHA ,
State and Local Government ,
Statutory Authority ,
Stays ,
Vaccinations
On Tuesday, November 30th, the United States District Court for the Eastern District of Kentucky issued a preliminary injunction halting the government's enforcement of the federal contractor vaccine mandate on federal...more